Wajul Haque And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49288 of 2018 Arising Out of PS.Case No. -48 Year- 2018 Thana -RAMGARHWA District- EASTCHAMPARAN (MOTIHARI) ======================================================

1. Wajul Haque, S/o Sheikh Amirullah,

2. Riyajul Haque S/o Sheikh Amirullah, Both R/o Vill.- Murgiya Tola, P.S.- Ramgarhwa, District- East Champaran.

.... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Umesh Chandra Verma, Advocate For the Opposite Party/s : Mr. Dilip Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 01-10-2018 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The Petitioners seek regular bail in connection with Ramgarhwa P.S.Case No. 48 of 2018, G. R. Case No. 1460 DOF 2017, registered for offences punishable under Sections 25 (1-b) a, 26 and 35of Arms Act.

As per F.I.R. allegation against the petitioners is of recovery of one loaded country made pistol and five cartridges from the possession of petitioner no.1 and one loaded country made pistol and one cartridge from the possession of the petitioner No. 2 and accordingly, seizure list has been prepared. Submission of the learned counsel for the petitioners is that the petitioners have committed no offence and

Patna High Court Cr.Misc. No.49288 of 2018 (3) dt.01-10-2018 2/2 nothing incriminating has been recovered from the possession of the petitioners and they are in custody since 24.03.2018. Heard learned A.P.P also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs. 25,000/- ( Rupees Twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned Sub- Divisional Judicial Magistrate, Raxaul, Motihari in connection with Ramgarhwa P.S.Case No, 48 of 2018, subject to the following conditions:- i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court. ii) The petitioner will not induce any witness or tamper with the evidence.

iii) It is made clear that if petitioner found involved in any of the like offences, in future, prosecution is free to move for cancellation of his bail bonds. (Vinod Kumar Sinha, J) Sudha/- U T